Europe’s leniency programs face a problem. Creating an incentive for private enforcement with the 2014 Damages Directive came at the expense of leniency applications all over the EU. A further balance of public and private enforcement will be necessary. Many approaches have been discussed. Recently, calls for exemptions or limitations of civil liability for leniency…
We are happy to announce the new International Law Talk Podcast episode on the interrelations between merger control, FDI, subsidy control & EU trade law. In the episode, I discuss with competition and trade experts and my former colleagues François-Charles Laprévote and Wanjie Lin from Cleary Gottlieb Steen & Hamilton LLP. We focus on the…
We are delighted to see so many of our dear contributors’ blog posts shortlisted in different categories of the 2021 Antitrust Writing Awards. Congratulations on this great achievement! Now it is on you, loyal readers of the blog, to vote for these brilliant pieces: Business Articles – Concerted Practices Oleksander Dyakulych and Anastasiia Panchak…
Like last year, we will end 2021 with a series on the main developments in Competition Law and Policy. In the coming weeks, our contributors will update you on the 2021 developments in key jurisdictions – with many old and quite some new faces. In 2021, we had a steady growth of new readers. Thank…
The newest episode of the competition edition of the International Law Talk Podcast focuses on the revival of the Dutch clause and other current issues of merger control. For this highly topical issue, I interviewed merger control star Tilman Kuhn from White & Case. Earlier this year, the European Commission encouraged Member States to use…
Last week, the German Federal Court of Justice published its April 2021 judgment in Trucks II. The German Court – always good for a surprise – was overall less favourable to the claimant. In particular, it emphasised the role of economic party opinions and regression analysis, especially in relation to the factual presumption of price…
The Kluwer Competition Law Blog will remain open but slow down a bit in the coming weeks. We hope you are having a wonderful summer! If you don’t want to miss out on reading about competition law developments in the meantime, we recommend catching up on our series on the main 2020 developments in key…
On 8 July 2021, the Commission found that Daimler, BMW and the Volkswagen Group (Volkswagen, Audi and Porsche) violated competition law by colluding on technical development in the area of emission cleaning for new passenger diesel cars, fining the latter two a total of €875 million. The current hype regarding competition law and sustainability comes…
We are happy to announce the new International Law Talk Podcast episode on EU competition law developments in the pharmaceutical sector. And this one is twice as good! Not only are we discussing both competition and IP issues, but I also interviewed two leading experts in the field: Michael Clancy and David Hull from Van…
The 2014 Cartel Damages Directive substantially facilitated cartel damages actions across the EU – the rising number of damages actions ever since its entering into force is a good indication of this development. Nevertheless, the quantification of harm remains the main challenge for claimants, who hold the burden of proof for the amount of harm….
